X.O.P. v. State

I agree that this juvenile case can be affirmed, but I write separately to more fully distinguish the case of Martinez v. State, 2014 Ark. App. 182, 432 S.W.3d 689.

Appellant was charged with rape under Arkansas Code Annotated section 5-14-103(a)(1) (Supp.2011), which has two basic elements: (1) sexual intercourse or deviate sexual activity; (2) by forcible compulsion. Both sexual intercourse and deviate sexual activity require penetration. The sexual-assault statute that the majority has held to be applicable here requires 17(1) sexual contact; (2) by forcible compulsion. Both parties…